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2022-03-17 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting March 17, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on March 17, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Bill Roberts, Assembly members Scott Arndt, Jared Griffin, Scott Smiley, and Aimee Williams. Also present were Borough Manager Roxanne Murphy, Acting Borough Clerk Lina Cruz, and Assistant Clerk Mitchell Davidson moved to excuse Assembly members Delgado, Smith, and Turner who were absent due to personal reasons. VOICE VOTE ON MOTION CARRIED. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda. ROLL CALL VOTE CARRIED UNANIMOUSLY: Arndt, Griffin, Smiley, and Williams. 6. APPROVAL OF MINUTES None. 7. CITIZENS' COMMENTS • Jeff Backlund • Cart Neff 8. AWARDS AND PRESENTATIONS None. Kodiak Island Borough March 17, 2022 Assembly Regular Meeting Minutes Page 1 of 8 a 10 COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. ARNDT moved to adopt Ordinance No. FY2022-12. The language "Property used for religious purposes includes the residence of a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization" is language from the 1962 version of the Alaska Statutes. This was amended in 1972 and again in 1985 and 2006. Similarly, the sentence "Property of any religious, educational or charitable organization from which the organization derives any rentals or profits shall not be exempt" is from the 1962 version of the statutes. The current language in AS 29.45.030(b) provides (significant changes highlighted in bold): "(b) In (a) of this section, "property used exclusively for religious purposes" includes the following property owned by a religious organization: (1) the residence of an educator in a private religious or parochial school or a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization; for purposes of this paragraph, "minister' means an individual who is (A) ordained, commissioned, or licensed as a minister according to standards of the religious organization for its ministers; and (B) employed by the religious organization to carry out a ministry of that religious organization. (2) a structure, its furniture, and its fixtures used solely for public worship, charitable purposes, religious administrative offices, religious education, or a nonprofit hospital. (3) lots required by local ordinance for parking near a structure defined in (2) of this subsection." The difference is relevant for a couple reasons. First, the state law now includes private religious or parochial schoolteacher housing, which was added in 2006. Second, the criteria to determine a minister is more detailed. For these two items we can still look to state law on the theory that it preempts any inconsistent application of our definition of minister, and mandates exemption of the teacher residence. While we require some of this information (see KIBC 3.35.030(A)((3)(a)(vii), our language is not consistent regarding the schoolteacher or revenues. It would be cleaner to be parallel with the statutes on this issue. Kodiak Island Borough Assembly Regular Meeting Minutes March 17, 2022 Page 2 of 8 I LI r L Mayor Roberts closed the regular meeting and opened the public hearing. Hearing no comment, Mayor Roberts closed the public hearing and reopened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Williams, and Arndt. B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. ARNDT moved to adopt Ordinance No. FY2022-13. In 2016 the Assembly passed, via Resolution, an update to the fee schedule for leases to $1200.00. Unfortunately, Ordinance 18.050.101 was not updated, so the Resolution is not really in effect. Amending 18.50.010 through Ordinance FY2022-12 will ensure that lease fees will not be in jeopardy when they are updated by Resolution going forward and lessens the chance this Ordinance of being overlooked by staff and the need for duplicated actions by the assembly. The documents for the 2016 update are included in your package. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing no comment, Mayor Roberts closed the public hearing and reopened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Williams, Arndt, and Griffin. C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I -Industrial District To B -Business District (P&Z Case No. 22-009). ARNDT moved to adopt Ordinance FY2022-15, the rezone of USS 444 TR A Lot A Mission Road from I -Industrial District to B -Business District, as approved by the Planning and Zoning Commission on February 16, 2022, The Clerk's office mailed out 28 public hearing notices on March 9, 2022. The subject parcel of land USS 444 Tract A Lot A was incorrectly reclassified to I -Industrial zoning district on August 2, 1970. The Orthodox Church in America did not request a rezone and was not a party to the rezone request by the Corporation of the Catholic Archbishop of Anchorage for USS 444 Tract A Lot B. This application for rezone coincided with a time that the Orthodox Church in America was going through administrative changes and likely did not have representation in Kodiak to make any objections to the rezone request. The archived documents show that the original rezone request was for USS 444 Tract A Lot B only (Exhibit A), the public hearing notice for the July 2, 1970, meeting of the KIB Assembly also only included USS Tract A Lot B (Exhibit B). The final Ordinance 70-6-0 did not identify Lot B instead the ordinance reads Kodiak Island Borough March 17, 2022 Assembly Regular Meeting Minutes Page 3 of 8 Tract "A" and consequently authorized a rezone of USS 444 Tract A Lots A, B, C, and D to I -Industrial (Exhibit C). Lot D had already been rezoned to I -Industrial on behalf of the Standard Oil Company via Ordinance 65-9. Lot C was rezoned from I -Industrial to PL -Public Lands via Ordinance 83-30-0. The Holy Resurrection Church has had a presence on Kodiak Island since the 1790's and a church building has been standing on this same location since before Alaska Statehood, before the Kodiak Island Borough, and predates any zoning regulations. The original zoning district assigned to this parcel was Public and may not have been the correct assignment in the first place, this again was through no fault to the Church. It would be prudent to assign a zoning district that allows for churches and is in character with the existing zoning in this area. B -Business is the likely choice, out of the three main uses in the area, I -Industrial, B -Business and PL -Public Lands, B -Business is the one that allows churches, and would accommodate the Church's ambition to eliminate its non -conforming status and remain in character with the surrounding land uses. There are also some R3 properties in the area, churches are permitted in R3, but The Holy Resurrection Church building would not conform to R3 requirements and would not be eligible for legal conforming status in the R3 zoning district. Churches are a conditional use in the B -Business district and The Holy Resurrection Church will need a conditional use permit if rezoned to Business. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing no comment, Mayor Roberts closed the public hearing and reopened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Griffin, and Smiley. 11. BOROUGH MANAGER'S REPORT The Borough Manager reported on the following: • Opioid Settlement • Upcoming infrastructure opportunities at the Borough and Federal funding • Air quality/burn procedures • Compensation study update • MOU with Kodiak College • Meeting with Senator Stevens and Speaker Stutes 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: • Upcoming EOC-ESC meeting responding to lower Covid-19 counts • Meeting with Senator Stevens and Speaker Stutes about state funding to local governments 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS Kodiak Island Borough Assembly Regular Meeting Minutes March 17, 2022 Page 4 of 8 J1 1 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement With The City Of Kodiak For Portland Loo Project Development. ARNDT moved to Authorize the Borough Manager to sign Contract No. FY2022- 35 Harbor Infrastructure Memorandum of Agreement for Portland Loo Project Development with the City of Kodiak. Following prior Kodiak Island Borough Work Sessions discussions regarding this topic, the Memorandum of Agreement is presented for consideration of allowing the Borough Manager to sign and authorize the agreement for the development and management of Portland Loo modular restrooms with the sole responsibility of the Borough in contributing $153,000 in Commercial Passenger Vessel Excise Tax funding. The City of Kodiak will then complete the project of properly installing the Portland Loo restrooms, and owning, operating and maintaining Portland Loo restrooms after the installation project is complete. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin, Smiley, and Williams. 14.B. RESOLUTIONS Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the Required Documentation with the United States Department of Agriculture (USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of $4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the Design Engineering, Construction Administration, Construction and Contingency for both the Stage 3 Closure Project and the Leachate Pretreatment Facility Addition Project. ARNDT moved to Approve Resolution No. FY2022-24. The Kodiak Island Borough (KIB) has applied and worked with the Staff of the USDA in Alaska for a grant and/or loan for the design, construction administration, predevelopment site work, construction and contingency for two projects, the Stage 3 Closure and the Leachate Pretreatment Construction Facility Addition. These two projects have been researched, designed and approved by the Alaska Department of Environmental Conservation (ADEC) in an effort to comply with the Compliance Order By Consent (COBC) requirements to correct deviations and infractions from the requirements of the operating permits at the Kodiak Island Borough Landfill. Both projects have been approved for construction by the ADEC. ROLL CALL VOTE ON THE MOTION CARRIED UNANIOUSLY: Griffin, Smiley, Williams, and Arndt. Kodiak Island Borough Assembly Regular Meeting Minutes March 17, 2022 Page 5 of 8 2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. ARNDT moved to approve Resolution FY2022-26 Authorizing Acceptance of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. The Kodiak Island Borough Solid Waste Advisory Board in conjunction with the Engineering and Facilities Staff prepared and submitted a grant request for $1000.00 to be utilized for public education and awareness of best practices associated with living and interaction with brown bears and proper disposal of solid waste. The Kodiak Brown Bear Trust has decided to award this small grant to the SWAB for this. ROLL CALL. VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Williams, Arndt. and Griffin. 14.C. ORDINANCES FOR INTRODUCTION None. 14.D. OTHER ITEMS Confirmation Of The Mayoral Appointment To The Prince William Sound Regional Citizens Advisory Council, Ms. Rebecca Skinner. ARNDT moved to confirm the mayoral appointment of Ms. Rebecca Skinner to the Prince William Sound Regional Citizen's Advisory Council Board {PWSRCAC} of Directors for a two-year term to expire May 2024. The PWSRCAC advised the Borough that Ms. Skinner's term on the Board of Directors will be expiring at the upcoming May 5-6, 2022, annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. • The Kodiak Island Borough would best be served by a representative who: • Understands her/his organization and/or community, its needs, concerns, and perspectives. • Has at least a rudimentary familiarity with oil transportation issues. • Has a home and work schedule flexible enough to allow participation and travel. • Is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry, and regulatory agencies. A PWSRCAC director can expect to devote an average of 20 hours a month on PWSRCAC business. The full Board conducts three in-person 2 -day meetings Kodiak Island Borough Assembly Regular Meeting Minutes March 17, 2022 Page 6 of 8 in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. Ms. Rebecca Skinner has served for four years and has notified the Clerk's office that she is interested in seeking re -appointment. ROLL CALL VOTE ON THE MOTION FAILED TWO TO TWO: Griffin and Smiley (AYES); Williams and Arndt (NOES). 2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Mr. Cort Neff. ARNDT moved to confirm the mayoral appointment of Mr. Cort Neff to an at large seat on the Consolidation Committee. On February 22, 2022, the Clerk's office received Mr. Neffs application for the Consolidation Committee at large seat. Ms. Neff currently resides at 3746 Otmeloi Way, this qualifies him for the consolidation at large seat. He has resided in the Borough for 42 years. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin, Smiley, and Williams. 3. Borough Property Leasing Procedure. Clerk's Note: Discussion item, no action was taken on this item. 15. CITIZENS' COMMENTS • Cort Neff 16, ASSEMBLY MEMBER' COMMENTS • Assembly member Arndt commented on the burning on Seabreeze circle and the Interim Clerk contract. • Assembly member Griffin thanked staff for their work in developing policies. • Assembly member Smiley commented on the lengthy winter. • Assembly member Williams commented on Senator Murkowski's allocation of federal funding and also commented on emergency declarations in Kodiak. 17, ADJOURNMENT Mayor Roberts adjourned the meeting at 7:48 p.m. KODIAK ISLAND BOROUGH ATTEST: Kodiak Island Borough Assembly Regular Meeting Minutes March 17, 2022 Page 7 of 8 William Roberts, Mayor Kodiak Island Borough Assembly Regular Meeting Minutes March 17, 2022 Page 8 of 8 LI